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Gitmo Goes to Court

By

David B. Rivkin Jr. and

Lee A. Casey

Updated Dec. 6, 2007 12:01 a.m. ET

The Supreme Court heard a spirited argument yesterday on whether foreign enemies, captured and held overseas, are entitled to the protections of the United States Constitution. Since the founding of our republic, the answer to that question has always been an unequivocal "No."

If, after hearing Boumedienne v. Bush, the Court makes up new rules, it will mark an unprecedented expansion of judicial power into areas -- the conduct of foreign affairs and warmaking -- the Constitution reserves to the president and...